Appeal definition

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Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

Advising a client, trial on indictment or summary trial?—checklist

Advising a client, trial on indictment or summary trial?—checklist Advantages of Summary Trial • Less expensive • Less time consuming • Possible lower sentence • Less formality: advocates do not wear wigs or gowns • Automatic right of appeal if defendant convicted Disadvantage of Summary Trial • Magistrates may be case hardened, more likely to convict • No division between tribunal of fact/law, making it difficult to forget inadmissible evidence • The court has the power to commit for sentence if it thinks it has inadequate powers of punishment for an either way

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Ireland—Civil court structure—flowchart

Ireland—Civil court structure—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Ireland. It should be read in conjunction with the

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Submission of an appeal

FORTHCOMING CHANGE: On 29 January 2024, the Ministry of Justice launched a consultation on introducing fees for Employment Appeal Tribunal (EAT) appeals and employment tribunal claims. Under the proposals, a £55 fee will be payable on lodging an appeal to the EAT or submitting a claim to the employment tribunal. The 8 week consultation closes on 25 March 2024. There are currently no fees in the employment tribunal and EAT. Fees in the employment tribunal and EAT were introduced from 29 July 2013 but were removed with effect from 26 July 2017 following the Supreme Court’s ruling in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the fees regime was unlawful. For further details on the 2024 consultation, see: LNB News 29/01/2024 69.The Employment Appeal Tribunal (EAT) Practice Direction 2023 (EAT PD 2023) came into force on 30 September 2023 replacing the 2018 Practice Direction. It provides that if a person is thinking about submitting an appeal to the EAT they must read and carefully consider...

Orders on outcome of an appeal

STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible.The Employment Appeal Tribunal (EAT) can dispose of an appeal by ordering that:•the appeal be dismissed•the appeal be allowed and...

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Immigration appeal bundle index—template

Immigration appeal bundle index—template In the immigration and asylum chamber [Insert Home Office, Port and appeal reference numbers as relevant] First-tier tribunal [Insert venue] Between: [Insert name of Appellant] Appellant – and – Secretary of state for the home department Respondent _________________________ Appellant’s bundle _________________________

Drafting notes for claim form in s 21 notice accelerated possession proceedings

Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...

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What are unitranche facilities?

What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time?

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...

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WhatsApp’s appeal against privacy watchdog decision should be admissible

MLex: Meta Platforms’ WhatsApp Ireland should be allowed to contest a decision by the umbrella group of EU data protection authorities at the EU courts because it was ‘directly concerned’ by the decision, according to a legal opinion for the EU’s Court of Justice. Advocate General Tamara Ćapeta said in her non-binding opinion that the appeal against a decision by the European Data Protection Board should be admissible and referred back to the General Court for a review on its merits. The case is closely watched because an EU court decision allowing a “direct action” at the lower-tier General Court would unlock six pending appeals in similar cases.

Helen Bamber Foundation publishes report on trafficking risks in 'safe country' asylum policy

The Helen Bamber Foundation (HBF) has published a report examining how designating countries as ‘safe’ for asylum purposes affects trafficking survivors. The report reveals that while the Labour government retained section 59 of the Illegal Migration Act 2023—extending blanket exclusions to India, Georgia and Albania—appeal success rates of 51-57% suggest flawed initial decision-making. HBF found ministerial instructions required limiting Albanian asylum grants to 2%, despite 82% of Albanian adults referred to the National Referral Mechanism (NRM) receiving positive trafficking decisions. The report calls for the repeal of Section 59 of the Illegal Migration Act 2023 and advocates for minimal barriers to accessing asylum. The report stresses the importance of individualised and fair decision-making processes and the need for adequate legal support for asylum seekers.